Hill Farming Act 1946

5Revocation or variation of improvement schemes on ground of public interest

(1)If after a hill farming land improvement scheme has been approved it appears to the appropriate Minister to be necessary so to do on the ground either—

(a)that it is in the public interest that land for the benefit of which an improvement thereby provided for is to be carried out should be used otherwise than for hill farming purposes, or that land on which work therein described is to be done should be used for a purpose inconsistent with the doing of that work thereon ; or

(b)that for any other reason the public interest so requires ;

he may revoke the scheme, or may vary the scheme as appears to him to be requisite on that ground.

(2)Before revoking or varying a scheme under this section the appropriate Minister shall consult the appropriate advisory committee constituted under this Act.

(3)Where an approved hill farming land improvement scheme is revoked or varied under this section and cost of work done in accordance with the scheme is rendered abortive by the revocation or variation thereof, the appropriate Minister may pay out of moneys provided by Parliament to the person by whom that cost was incurred an amount equal to that cost in so far as it is so rendered abortive, less the amount of any improvement grant paid or payable in respect of that cost.

For the purposes of this subsection, cost of work done as aforesaid shall be treated as rendered abortive by the revocation or variation of the scheme if and in so far as that cost exceeds the amount of any increase attributable to the work in the value of any interest belonging to the person by whom that cost was incurred in any land, and the amount of any such increase shall be determined by agreement between the appropriate Minister and that person, -or, in default of agreement, shall be determined by an official arbitrator to be appointed in accordance with the provisions of the [9 & 10 Geo. 5. c. 57.] Acquisition of Land (Assessment of Compensation) Act, 1919, who shall have the like powers with respect to procedure, costs, and the statement of special cases as he has under that Act.